Marriage

Marriage generally revokes a Will and therefore it becomes inoperative unless it has been drafted correctly.

In general it is a good idea to review your current Will every 3 to 5 years or if your circumstances change, such as your relationship status.

Marriage and divorce in particular can have a significant impact on your Will. This could mean that if you, the Will writer (known as the Testator) do not establish a new Will after Marriage, and you die, you may die without a valid Will (known as dying Intestate) and your estate will be distributed according to intestacy rules rather than in accordance with your personal wishes.

Do you want the courts deciding who gets your assets?

To ensure your Will is not revoked after Marriage, you may be able to create your Will ‘In Contemplation of Marriage’. This means that you, the Testator, can make it clear in your Will that you do not wish for it to be revoked after Marriage.

The Testator has two options:

1. Create the Will to be valid only after Marriage; or

2. Create the Will to take effect immediately and not be revoked if or when you get married.

If you are looking to get married soon or believe you may in the future, we suggest you purchase the DIY Legal Will and consider upgrading to the Solicitor Reviewed Will. This way you can be assured that you are correctly completing and executing your Will, otherwise your Will could be deemed invalid.

In the case of divorce, the effects on your Will differ between states and territories so if you are ever in this position it is important you seek legal advice specific to your situation.

For additional information on Wills and Estate Planning specific to your needs, please seek professional legal advice from a qualified solicitor.

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This site is not a substitute for legal advice. The information in this site has been formulated to assist you in preparing your own Will, Testamentary Trust or Power of Attorney.
In the event that you do not understand the ramifications of your Will you should seek the advice of an independent lawyer.

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